Dismissed¶29

Kamatchi @ Bharathi @ Barotta Bharathi v. The State of Tamilnadu

Bail – Section 483 BNSS

Madras HC19 Mar 2025CRL OP(MD)/4755/2025

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What is this about?

Madras High Court, Madurai Bench (R. Sakthivel, J.), 19/03/2025, dismissed CRL OP(MD) No.4755 of 2025 filed on 12.03.2025 under Section 483 BNSS seeking bail for Kamatchi @ Bharathi @ Barotta Bharathi, sole accused under Sections 302, 383 and 379 IPC in S.C.No.447 of 2020 (Crime No.99/2013, Kadupatti PS, Madurai). NBW issued 07.12.2023 for non-appearance, executed 19.02.2024; petitioner meanwhile arrested in Crime No.571/2024 (Subramaniapuram PS); trial fixed 04.04.2025; bail denied on ground of unsubstantiated non-appearance and risk of absconding/delaying trial.

What did the court decide?

The petitioner did not adduce any material to substantiate the reasons for his non-appearance before the trial Court, and the case is posted for trial on 04.04.2025. ¶28

Kamatchi @ Bharathi @ Barotta Bharathi Vs The… — Murder and Culpable Homicide | Madras HC (2025)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 19/03/2025

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PRESENT

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THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

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CRL OP(MD). No.4755 of 2025

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Kamatchi @ Bharathi @ Barotta Bharathi

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... Petitioner/Sole Accused

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The State of Tamilnadu, Rep by the Inspector of Police, Kadupatti Police Station, In Crime No.99/2013, Madurai District. ... Respondent/Complainant

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For Petitioner : Mr.M. Chandrabose Advocate For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

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PETITION FOR BAIL Under Sec.483 of BNSS

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PRAYER :-

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To enlarge the Petitioner on bail in SC No.447 of 2020 on the file of V Additional District Judge, Madurai and thus render justice.

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ORDER : The Court made the following order :-

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This Criminal Original Petition has been filed by the petitioner on 12.03.2025

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under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant https://www.mhc.tn.gov.in/judis

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bail.

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The petitioner / Sole accused was arrested and remanded to judicial

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custody on 19.02.2024, for the alleged offences punishable under Sections 302, 383 and 379 of Indian Penal Code, 1860 in S.C.No.447 of 2020, on the file of the V Additional District Judge, Madurai in Crime No.99 of 2013, on the file of the respondent-police.

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The case of the prosecution is that on 14.07.2013, the defacto complainant, viz., Village Administrative Officer, Katchiraaeruppu, Madurai District was informed that an abandoned male body found in coconut grove belongs to Subramanian. Subsequently, he went to the spot at 8.00 am and found the body and lodged the complaint. During investigation, the petitioner has been implicated as an accused. Hence, the case.

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Mr.M.Chandrabose, learned counsel appearing for the petitioner, submits that due to non appearance of the petitioner before the trial Court on 07.12.2023, Non Bailable Warrant was issued against him. He further submits that the petitioner was arrested in connection with Crime No.571 of 2024 on the file of the Subramaniapuram Police Station and thereby, he was not able to appear before the trial Court. He further submits that the petitioner has been judicial custody since 19.02.2024. Accordingly, he prays to grant bail to this petitioner.

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Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public

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Prosecutor appearing for the respondent-Police, submits that Non Bailable Warrant https://www.mhc.tn.gov.in/judis

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was issued against the petitioner on 07.12.2023 and the same was executed on

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19.02.2024 ie., after a period of one year. In the mean time the petitioner was arrested in connection with case in Crime No.571 of 2024 on the file of the Subraminaiyapuram Police Station. He further submits that case in S.C.No.447 of 2020 is posted for trial on 04.04.2025. He further submits that if the petitioner is released on bail, he may abscond and cause threat to the defacto complainant and witnesses. Hence, he prays for dismissal of this petition.

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Heard both sides and perused the records.

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The petitioner did not adduce any material to substantiate the reasons for his non appearance before the trial Court and it is also learnt that the case is posted for trial on 04.04.2025. In view of the facts and circumstances, if the bail is granted to the petitioner, he may abscond and thereby delay the trial proceedings. Hence, this Court is not inclined to grant bail to the petitioner.

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